State moves SC against stay on FIRs on Yeddyurappa

The Karnataka government has approached the Supreme Court challenging the High Court’s stay on investigation into three cases relating to land de-notification in Bengaluru against former chief minister B S Yeddyurappa.

In three separate special leave petitions, the State contended that the high court ought not to have stayed the investigation into the complaints made before the Lokayukta on the basis of the Comptroller and Auditor General report, highlighting “misuse of authority with a corrupt motive thereby causing heavy loss to the state exchequer”.

The petitions filed by advocate Joseph Aristotle sought direction for setting aside the September 15 order of the high court contending it had “virtually stalled the entire investigation” while acting on a plea by Yeddyurappa.

“The stay of investigation,which had just begun, has resulted in the miscarriage of justice,” the petition stated, adding that the interim order was passed even without hearing the special public prosecutor.

The Lokayukta police had in June this year registered three FIRs against the senior BJP leader and others for the alleged offences of cheating, criminal breach of trust and criminal conspiracy under the various provisions of the Prevention of Corruption Act and the Karnataka Land (Restriction on Transfer Act).

Three cases

The three cases were related to de-notification of land measuring six acres and 18 guntas acquired by the Bangalore Development Authority for the formation of Banashankari 5th stage, one acre and 17 guntas for the formation of BTM 4th stage, and one acre for the formation of further extension of Mahalakshmi Layout.

Maintaining that the high court order was “unjustified, improper and illegal”, the State government pointed out that the Prevention of Corruption Act clearly barred granting of stay of the proceedings even in exercise of its inherent jurisdiction.

The State government also submitted that the police are duty-bound to register an FIR and initiate investigation into allegations of cognisable offences under the Criminal Procedure Code.